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dicta respecting Blockade, notice and knowledge thereof, which are inserted as Interrogatories 33 and 34. Portions are included in brackets thus, [ ] to indicate that there are slight variations between the original Interrogatories adopted respectively by Great Britain, and the United States of America.)

33. Did the said vessel, on the voyage in which she was captured (or on) or during any or what former voyage or voyages, sail under the convoy of any ship or ships of war, or other armed vessel or vessels ? For what reason or purpose did she sail under such convoy? Of what force was or were such convoying ship or ships, and to what state or country did the same belong ? What instructions or directions had you or did you receive on each and every of such voyages, when under convoy, respecting your sailing or keeping in company with such armed or convoying ship or ships ; and from whom did

you receive such instructions or directions ? Had you any, and what directions or instructions, and from whom, for resisting or endeavoring to avoid or escape from capture, or for destroying, concealing, or refusing to deliver up your vessel's documents and papers; or any and what other papers, that might be or were put on board your said ship? If yea, interrogate particularly as to the tenor of such instructions, and all particulars relating thereto? Let the witness be asked if he is in possession of such instructions, or copies thereof, and, if yea, let him be directed to leave the same with the examiner, to be annexed to his deposition.

34. Did the said ship, during the voyage in which she was captured, or on, or during any, and what former voyage or voyages, sail to or attempt to enter any port under blockade by the arms or forces of any, and which, of the belligerent powers ? If yea, when did you first learn or hear of such port being so blockaded, and were you at any, and what time, and by whom warned not to proceed to, or to attempt to enter such blockaded port? What conversation or other communication passed thereon ? and what course did you pursue upon, and after, being so warned off ?

NOTE. — Other interrogatories were prepared in Great Britain in 1854, to be used in prize cases during the Russian War : likewise in the United States, during the American Rebellion - Vide 2 Sprague, pp. 305 to 325 — consisting in all of 103 questions, 57 general interrogatories, and 46 others : some also in Upton on Prize, p. 295 et seq. consisting altogether of 43 interrogatories.

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INDEX.

ADMIRALTY

allegations. (See Pleadings.)
cases and courts of, 7.
judges of, 5.
jurisdiction of, 41 et seq.

its extent, 54.
vindication by C. J. Taney, 53.
AGENTS. (See Salvors.)
ALABAMA CLAIMS, 590. (See Arbitration.)

founded on want of good faith, 589.

adjustment of question of time, 613.
ALIENS,

rebels not, though they may, in rebel territory, be treated as enemies,

550.
AMERICAN REBELLION. (See Neutrality, Blockade, and Prize.)
ARBITRATION,

if allowable, not feasible, 602.
AVERAGE, GENERAL,

definition of, 135.
elements of, 137.
ground for claim of, 139.
origin, 136.
what contributory to, 145.
translated extracts from French ordinance relating to, 157.
adjustment of, 134.

mode, at Lloyd's and elsewhere, 150, 151.

BAIL,

in Admiralty, when taken, 435.

restricted in prize proceedings, 436.
BILL OF LADING. (See Appendix I.)

description of, 382.

use and legal effect of, 380.
BLOCKADE, 465.

of Baltic ports 1854, 487, 528.
American ports 1861, 546.
running, exemplified, 554 et seq.
prerequisites of, 466.
as belligerent right, not restricted, 467.

penalty for breach of, confiscation, 468.

pretenses for violation, 469. (See Prize.)
BOOTY, 460. (See Prize.)
BOTTOMRY BOND, 166.

for what given, 185.
tests of its validity, want of credit, funds, and distress, 186.

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BOTTOMRY BOND Continued.

grounds of defense, 195.
invalid in part, upheld for valid part, 169.
lien for good, without possession, 170.
must be a marine risk, 181.

maritime interest, 182.
rules of procedure in cases of, 192.
CAPTORS, 445–463. (See Prize.)
CAPTURE, JOINT,

defined, 558, 559.
belligerent right of, founded on three principal grounds, 566. (See

Neutrality.)
CARTELS,

protected, going or returning to exchange prisoners, 634, 635.

but liable to be detained, if violating safe conduct or trading, 635.
CHARTER-PARTY, 355. (See Freight.)

may be by parol, 358.
COLLECTORS,

of customs duties, 273, 274.
COLLISION, 61. (See Appendix F.).
damages, old rule, full compensation, 61.

new rule, limited to value of faulty vessel, 62.
party in fault liable, 71.
both in fault, damage divided, 72.
Trinity rules, 68.

other rules and appendix, 76, 77.
CONDONATION, 287. (See Desertion.)
CONTRABAND, 465, 633. (See Prize.)
CONVOY, 635.
COSTS AND DAMAGES, 534 et seq.

conflict as to new practice in the Ostsee, 534 et seq.
American decisions sustain Admiralty courts against the Privy Coun-

cil as appellate court, 538.

protest and criticisms, 543.
DAMAGE. (See Collision.)
DECREES,

French Berlin and Milan, 472.
statement of, 516.
revocation by French, accepted by United States, 517.

finally acted upon by Great Britain, 519.
DERELICT, 124.
DESERTION, 280. (See Mariners' Wages, Ch. 10.)
DETENTION, 560, 564. (See Visit, Search, etc.)

of what and whom, 629.

when justifiable, 632.
DISRATING,

illegal, 303.
DISTRESS, 123.
DROITS,

in Admiralty, 440.
perquisites of, in England, 440.
in United States belong to the Government, jure reipublicæ, 440

EMBEZZLEMENT, 291. (See Mariners' Wages.)

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EVIDENCE, 324. (See Witnesses.)

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FORCED LEVIES, 460. (See Prize.)
FORFEITURE, 279. (See Salvage and Wages.)
FRAUD,

or negligence, 297. (See Forfeiture.)
FREIGHT, 353.

payable on delivery, 364.
pro ratâ, 358.
due on delivery, or voluntary acceptance, 377.
neutral carriers entitled to, if fair in conduct, 388, 389.
substance of French ordinance relating to, 368, 370.

difference of jurists, 372.
FRENCH CONSERVATIVE SENATE,

report to, by Duke de Bassano, 476.
GENERAL AVERAGE, 134. (See Average.)
ILLEGAL COLORS.
INCOMPETENCY,

of marine, ground of forfeiture of wages, 298
INTEREST

marine, 182. (See Bottomry.)
JOINT CAPTURE. (See Capture.)
JUDGE OF ADMIRALTY,

qualifications, 51, 52.
JURISDICTION,

struggle and contest between the civilians and common law judges,

14.
Ordinance of Hastings, Queensborough Inquisition and other acts, 16.
history, prior to and since the time of Lord Stowell, 20.

since 1789, 23.

since 1815, 24.
judicial opinions, 26-30.
LICENSES. (See Prize and Neutrality.)
LIENS,

maritime, 390.

for freight, 365.
LIS PENDENS, 406.

may be pleaded as defense, 409.
MARINERS,
contract, 243.

to be in writing, 248–271.
their duties, 244–310.

rights, 244.

wages, 243.

cases relating to, 250.

forfeiture, 252.
wrongful discharge, 300.
illegal disrating of officers, 303, 304.
tortious removal of mates, 308.
punishment not to be excessive, 313.
Hogging abolished in United States, 314.
mitigated punishment substituted, 317.

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MARITIME LAW,

sources of, 2.
foreign ordinances, 2-8.

writers on, 3.
MARITIME LIENS, 390.

preferred claims, 391.
valid, without possession, 393.
Sir J. Jervis's definition of, 395.
attaching to rem, follow the proceeds on and after sale, 396.

waiver of, laches, 399.
MASTER'S CONTROL,

over the crew, vindicated, 312.
MASTER'S POWER TO SELL, 224.

justified by legal necessity, 229.
also by decree and survey, 232.
legal necessity for, defined by court in case of the Amelie, 239.

definition sanctioned on appeal, 242 n.
MATERIAL-MEN, 199. (See Necessaries.)
MATES. (See Mariners and Disrating.)
MATESHIP. (See Whaling.)
MISCELLANEOUS, 438. (Recapitulation.)

effect of receipt in full, 439.
redress for short allowance, 440.

droits in Admiralty, 440.
NAVAL OFFICERS, 617.

as commanders to act discreetly, 625.
powers of, in time of war, great, 627.
suggestions for, as to knowledge of treaties, 618.

as to other matters, 626, 630.
preliminary preparation as commanders, for and during war, 621.
NAVIGATION LAWS, 620.

change recommended by Huskisson; his fair exposition led to change;

their object was, 1, to secure the fisheries ; 2, the coasting trade;
3, the European trade; 4, Asiatic, African, and American trade;

5, the distant colonial trade.
NECESSARIES,
master's power to procure, 200, 202, 207.

duties difficult, 203.
master should be judged charitably, 205, 206.
lien for, on foreign or domestic ships, 208.
expressly given by legislation, 1861, 220.
test of master's authority, 211.
necessity and good faith required of him, 222.
master may bind ship and owner, 217.
material-men's priority, 218.

bases of master's authority are agency, necessity, and fidelity, 223.
NEGLIGENCE,

of English Cabinet, 1861, 481. (See Fraud, Forfeiture, Wages.)
NEUTRALITY,

recognized by international law, 566.
general or declared, 567–571.
declaration of, no exoneration from general neutral duty, 568.
may bind declarant more stringently, 571.
if so observed, secures amity, 577.

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